Case Update (15 Jan 2025): Yuriiovych v. Hryhorivna; stay of return order to Ukraine granted pending appeal

On December 23, 2024, a District Court in Montana ordered the return of a minor child to Ukraine (albeit to the western part of Ukraine, not Odesa where the Petitioner was living). The Respondent Mother appealed to the U.S. Court of Appeals for the Ninth Circuit, and requested a stay of the return order.

There are four factors considered when granting a stay: (1) the applicant makes a strong showing they are likely to succeed on the merits; (2) the applicant will be irreparably injured absent a stay; (3) whether the stay will substantially injure other interested parties; and (4) where the public interest lies.

The District Court granted a stay for the following reasons. The situation in Ukraine is dynamic, and subject to changing circumstances. If the Respondent and child leave the USA, they will “likely lose” their current immigration status under the Uniting for Ukraine Program and would have to reapply to be readmitted to the USA. The Petitioner Father has a right of access to the child pending a custody determination and return. Finally, the District Court envisions an expedited appeal to the Ninth Circuit.